Gary M. Gruber v. Kathleen Allison

I. INTRODUCTION

On August 23, 2022, Plaintiff Gary Gruber (“Plaintiff”), a California state inmate, filed a Complaint pursuant to 42 U.S.C. § 1983 (“Section 1983”). (Compl., ECF No. 1.) On October 27, 2022, the District Court granted Plaintiff’s application to proceed in forma pauperis. (ECF Nos. 4, 6.) On January 13, 2023, the Court screened and dismissed the Complaint with leave to amend (“Screening Order”). (Screening Order, ECF No. 10.) On March 10, 2023, Plaintiff filed a First Amended Complaint (“FAC”). (FAC, ECF No. 14.) The Court has screened the FAC and, for the reasons stated below, dismisses it with leave to amend. Plaintiff must respond to this Order no later than April 19, 2023, as set forth in Part V of this Order, infra.

II. ALLEGATIONS AND CLAIMS1

The FAC is filed against: (1) David Holbrook, Warden of Chuckawalla Valley State Prison (“Chuckawalla”); (2) Kersten Jordan-Maree, Education Proctor at Chuckawalla; (3) J. Gonzalez, Correctional Captain at Chuckawalla; and (4) R. Montoya, Correctional Counselor at Chuckawalla (each, a “Defendant,” and collectively, “Defendants”). (FAC 3–4.)

1 The Court summarizes the allegations and claims in the FAC,…